절도미수
All appeals by the defendant and the prosecutor are dismissed.
1. The summary of the grounds for appeal appealed from the lower court’s punishment (four months of imprisonment) so long as it is too unreasonable, and the prosecutor appealed from the lower court’s punishment so far as it is too unfasible and unfair.
2. All of the instant crimes committed are considered to have been attempted, and the fact that the Defendant recognized his mistake and reflected against the Defendant is favorable to the Defendant.
On the other hand, even though the defendant was in the period of suspension of execution for the same crime, the fact that the defendant was committed in this case is disadvantageous to the defendant.
In addition, the Defendant’s age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime are considered to be taken into account. As such, it is not recognized that the lower court’s punishment is too heavy or it is unfair because it is frightened, and thus, the Defendant and the Prosecutor’s argument cannot be accepted.
3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.